United States
                 Environmental Protection
                 Agency

Air and Radiation
(6202J)
EPA430-R-99-007
January 1999
www.epa.gov/lmop


<&EPA      Georgia  State  Primer

                                                 A Primer on
                                                 Developing Georgia's
                                                 Landfill Gas-to-Energy
                                                 	
                                                 Potential


                 LANDFILL METHANE
                 OUTREACH PROGRAM
 The Georgia Environmental Facilities Authority

                    Printed on paper that contains at least
                    30 percent postconsumer fiber.
                                                                      1\J/^

                                                         CT

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Introduction	j
1.   About the Landfii! Methane Outreach Program 	i
2.   Eiectricity Restructuring and LFGTE	ill
3,   The Goals of This Primer	iv
4,   Where to Go for More information	v
     1:
1.   Overview of Federal Standards and Permits	1
    1.1    Resource Conservation and Recovery Act Subtitle D 	1
    1,2   Clean Air Act (CAA)	2
             NMOC Emissions: New Source Performance Standards (NSPS)	2
             Air Emissions: New Source Review (NSR) Permitting Process	2
             Title V Operating Permit	4
    1,3   National Pollutant Discharge Elimination System (NPDES) Permit	5
    1.4   Clean Water Act, Section 401 	5
    1.5   Other Federal Permit Programs 	6
2.   State Standards and  Permits	7
3,   Overview of Local Standards and  Permits 	20
Part 2: Incentiwe Programs
1.   Overview of Federal Incentive Programs	23
    1,1    Section 29 Tax Credit 	23
    1,2   Renewable Energy Production Incentive (REPI)	23
    1,3   Qualifying Facilities Certification	24
2.   Overview of State Funding Programs	25
    2.1    Recycling and  Solid Waste Facilities Loan Program	25
    2.2   Recycling and  Waste Reduction Grants	25
Tables
Table A  Candidate Landfills for LFGTE Projects in Georgia	ii
Table 2,1  Summary Table of State Standards/Permits	8
Table 2,2 Permit Approval Time Line	9
Table 2,3 Summary of Landfill Gas Systems Criteria 	10
Table 2,4 Air Quality Construction and Operation Permits	12
Table 2.5 Title V (Part 70) Operating Permits	14
Table 2,6 Solid Waste Handling Permits	16
Table 2.7 Notification of Hazardous Waste Activity, Generators, Transporters and Facilities	17

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 Introduction
Q    About the Landfill Methane Outreach Program
  The EPA Landfill Methane Outreach Program
  The recovery of energy from landfill gas provides local and global environmenfal and energy benefits, as well as
  economic benefits. The mefhane captured from landfills can be transformed into a cost-effective fuel source for
  generating electricity and heat, firing boilers, or even powering vehicles.

  To promote the use of landfill gas as an energy resource, the U.S. Environmental Protection Agency (EPA) has
  established the Landfill Methane Outreach Program (LMOP). The goals of LMOP are to reduce methane emis-
  sions from landfills by:

   • Encouraging environmentally and economically beneficial LFGTE development

   • Removing barriers to  developing LFGTE projects


  To achieve these goals, EPA establishes alliances with four key constituencies:

   • State environmental and energy agencies

   • Energy users/providers (including investor-owner, municipal and other public power utilities, cooperatives,
     direct end users, and power marketers)

   • Industry (including developers, engineers, and equipment vendors)

   • Community partners  (municipal and small private landfill owners and operators; cities, counties, and other
     local governments; and community groups)

  EPA establishes these alliances through a Memorandum of Understanding (MOU). By signing the MOU, each ally
  acknowledges a shared commitment to promoting  landfill  gas energy recovery at solid waste landfills, recognizes
  that the widespread use of landfill gas as an energy resource will reduce  methane and other air emissions, and
  commits to certain activities that enhance the development of this resource.

  As of January 1999, over  240 landfill methane  recovery projects were operating in the United States. EPA esti-
  mates that up to 750 landfills could install economically viable landfill energy projects by the year 2000.

  LFGTE Projects in Georgia
  Georgia is a member of the LMOP State Ally Program, which  encourages cooperation  between EPA and state
  energy and environmental agencies to promote the development of LFGTE resources. Georgia's Landfill Gas
  Recovery Program focuses on developing consensus among landfill operators, utility companies, independent
  power producers, project  developers, utility regulators, and the state's regulators so they can work together to
  promote new energy and  environmental opportunities from which all Georgia residents will benefit.

  Three LFGTE projects were operating in Georgia as of July 1998, and three were planned. According to EPA and
  the state of Georgia, 16 landfills have the potential to support  economically viable LFGTE  projects. The  following
  table lists Georgia's 16 candidate landfills.
                                    A Primer on Developing Georgia's Landfill Gas-to-Energy Potential

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Table A
Candidate Landfills for LFGTE Projects  in Georgia
Landfill Name
Arnold Road LF
Atlanta-Gun Club Rd.
Atlanta-Key Rd.
Baker Place Rd.
BF1-Roberts Rd.
Columbus— Schatulga Rd.
Dean Bridge Rd.
Fleming/Gaissert Rd.
Forsyth, Old Brent Rd.
Seminole Rd.
Southern States— Bolton Rd.
Southern States-SR 90/SR 127
Speedway-SR 324
UWL Inc.-Richland Creek
WMI-Live Oak
WMI-Rolling Hills
County
Gwinnett
Fulton
Fulton
Columbia
Fayette
Muscogee
Richmond
Dougherty
Monroe
Dekalb
Fulton
Taylor
Barrow
Gwinnett
Dekalb
Clayton
Operational Status
Open
Open
Ceased receiving waste/In closure
Open
Closed
Open
Open
Open
Ceased receiving waste/In closure
Open
Closed
Open
Ceased receiving waste/In closure
Open
Open
Closed
Source: EPA's Opportunities for Landfill Gas Energy Recovery in Georgia: Draft Profiles of Candidate Landfills and Current Projects
and information provided by the state of Georgia.
       Landfill Gas Projects in Georgia

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       Electricity Restructuring and LFGTE
What Is Electricity Restructuring?
Electricity restructuring refers to the introduction of competition into both the wholesale and retail electricity mar-
kets. Until now, electric utilities operated under monopolies authorized by federal and state regulatory authorities
as the sole provider of electric service to consumers within a specific service territory. Under restructuring, utili-
ties will lose these monopolies, enabling other energy providers to compete for their customers. The result will
be more energy options for consumers, lower energy prices, and  greater use of  renewable energy sources.

Efforts to restructure the electric utility industry began in 1978 with  passage of the Public Utilities Regulatory
Policies Act (PURPA), which required utilities to buy a portion of their power from unregulated power generators
in an effort to encourage the development of smaller generating facilities, new technologies, and renewable energy
sources. The National Energy Policy Act  of 1992 (EPACT) expanded on  PURPA, allowing more types of unregulated
companies to generate and sell electricity, effectively creating a competitive wholesale market for electric power.

Restructuring at the retail level has been a hot issue in many states since the passage of EPACT, which delegat-
ed to states the authority to introduce competition among electric utilities within their borders. As of January
1999, fourteen states have since enacted some form of restructuring legislation, while the remaining 36 are
considering such legislation.

How Do These Changes Affect Landfill Gas Recovery?
Many states are including renewable energy provisions in  their restructuring legislation. Such provisions mandate
utilities to include a certain percentage  of electricity generated from renewable,  or "green energy," sources into
their energy mixes.  LFGTE is one such green energy source.

In March 1998, the  Clinton Administration unveiled its "Comprehensive Electricity Competition  Plan" to restruc-
ture the electricity industry nationwide. Contained in this proposal is a Renewable Portfolio Standard (RPS) that
would guarantee that a minimum percentage of the  nation's electricity be powered  by green energy. Energy ser-
vice providers would be required to cover a percentage of their electricity sales with generation from non-hydro-
electric renewable sources such  as wind, solar, geothermal, and biomass (which includes LFGTE).

Marketing Landfill Gas Recovery as Green Power
One of the emerging areas and most promising mechanisms to encourage  utilities  and  other energy marketers
to participate in LFGTE projects  is the development  of green marketing programs. Green marketing programs
are designed to enable energy marketers to position  renewable energy products (including LFGTE) as premium
products, and therefore, collect  a premium price from their customers. In addition, green marketing allows  energy
marketers in  competitive marketplaces to differentiate their energy product, and allows utilities in non-restruc-
tured marketplaces to gain critical product marketing experience  in preparation for  competition. However, the
general public is less familiar with LFGTE than other sources of renewable energy; support from the LMOP is
often critical  to ensure the success of early LFGTE green  marketing efforts.

Get the Latest  Information  on Electricity Restructuring in Your State
For up-to-date information on electricity restructuring  in Georgia and elsewhere, visit the National Conference
of State Legislatures Web site at: http://www.ncsl.org/programs/esnr/restru.htm. This site contains a glossary
of terms related to  restructuring, as well as links to the full text of  restructuring legislation passed by states.
                                    A Primer on Developing Georgia's Landfill Gas-to-Energy Potential      \ \ \

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        The Goals  of This  Primer

Permits, incentive programs, and policies for LFGTE project development vary greatly from state to state. To guide
LFGTE project developers through the state permitting process and to help them to take advantage of state incen-
tive programs, the LMOP has worked with state agencies to develop individual primers for states participating in
the State Ally Program. By presenting the latest information on federal and state regulations and incentives affect-
ing LFGTE projects in this primer, the LMOP and Georgia state officials hope to facilitate development of many of
the landfills listed in Table A.

To develop this primer, the state of Georgia identified all the permits and funding programs that could apply
to LFGTE projects developed in Georgia. It should be noted, however, that the regulations, agencies, and policies
described are subject to change. Changes are likely to occur whenever a state legislature meets, or when the feder-
al government imposes new directions on state and local governments. LFGTE project developers should verify and
monitor the status of laws and rules that might affect their plans or the operations of their projects.

Who Should Read This Primer?
Throughout the country, the number of landfill gas-to-energy (LFGTE) projects is growing. Recovering  methane
gas at solid waste landfills provides significant environmental and economic benefits by eliminating methane
emissions while capturing the  emissions' energy value.

This primer is designed to help realize the potential of landfill gas recovery in the state of Georgia. It provides infor-
mation for developers of LFGTE projects, as well as all other participants in such projects: landfill operators,  utility
companies, independent power producers, utility regulators, state  regulators, engineers, and equipment vendors.

What Information Does This Primer Contain?
If you are interested in taking advantage of the economic and environmental opportunities in LFGTE recovery in
Georgia, you will need to know the regulatory requirements that apply. You will also need to know what economic
incentives are available to help make these projects more economically viable.

To address these needs, this primer covers the following topics:

     • Federal Standards and Permits. This section provides information  on federal regulations that may pertain to
      LFGTE projects, including solid waste, air quality, and water quality regulations.

     • State Standards and Permits. This section provides information  on state permits that  apply to  landfill gas
      recovery projects in the state of Georgia.

     • Local  Standards and Permits. Local permit approval will often be needed for LFGTE projects.  This section
      offers a step-by-step process you can follow to secure this approval.

     • Federal Incentive Programs. This section presents  information on federal incentives that may apply to
      LFGTE projects.

     • State Funding Programs. This section presents information on the environmental infrastructure financing
      opportunities that are available in the state of Georgia.
iv     Landfill Gas Projects in Georgia

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Where Can I Go for More Information?

James L Thompson
(Georgia Landfill Methane Outreach Program State Ally Contact)
Georgia Environmental Facilities Authority
100 Peachtree Street, 20th Floor
Atlanta, Georgia 30303
(404) 656-0938


U.S. Environmental Protection Agency
Landfill Methane Outreach Program
U.S. EPA, 6202J
401 M Street, SW
Washington, DC 20460
Phone: (888) 782-7937
Fax: (202) 565-2077
                           A Primer on Developing Georgia's Landfill Gas-to-Energy Potential

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 Part  1: Standards  and Permits
IT
Overview of Federal Standards and Permits
The following section discusses federal regulations that may pertain to LFGTE projects. The LFGTE
projects can be subject to solid waste, air quality, and water quality regulations. The federal regulations
are presented  in general terms, because individual state/local  governments generally develop their own
regulations for carrying out federal mandates. Specific requirements may therefore differ among states.
Project developers will have to contact relevant federal agencies and, in some cases, state agencies for
more detailed  information and applications. The discussion of each key federal standard/permit contains
three components:
    •  Importance of the standard/permit to LFGTE project developers
    •  Applicability to LFGTE projects
    •  Description of each standard/permit
 1.1    Resource Conservation and Recovery Act Subtitle D
            Importance   Before a LFGTE project can be developed, all Resource Conservation and Recovery
                          Act (RCRA) Subtitle D requirements (i.e., requirements for non-hazardous waste
                          management) must be satisfied.

            Applicability  Methane is explosive in certain concentrations and poses a hazard if it migrates
                          beyond the landfill facility boundary. Landfill gas collection systems must meet
                          RCRA Subtitle D standards for gas control.

            Description   Since October 1979, federal regulations promulgated under Subtitle D of RCRA
                          required controls on migration of landfill gas. In 1991, EPA updated landfill design
                          and performance standards. The newer standards apply to municipal solid waste
                          landfills that were active on or after October 9, 1993. Specifically, the  standards
                          require monitoring  of landfill gas and establishing performance standards for com-
                          bustible gas migration control. Monitoring requirements must be met at landfills
                          not only during their operation, but also for a period of 30 years after closure.

        Landfills affected by RCRA Subtitle D are  required to control gas by establishing a program to periodically
        check for methane emissions and prevent offsite migration. Landfill owners and operators  must ensure
        that the concentration of methane gas does not exceed:

            • 25 percent of the lower explosive limit for methane in facilities' structures

            • The lower explosive  limit for methane at the facility boundary

        Permitted limits on methane levels reflect the fact that  methane is explosive within the range  of 5 to 15
        percent concentration in air. If methane emissions exceed permitted limits,  corrective action (i.e., installa-
        tion of a landfill gas collection system) must be taken. Subtitle D may provide an impetus for some land-
        fills to install energy recovery projects in cases where a gas collection system is required for compliance
        (see 40 CFR Part 258 for more information).

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1.2   Clean Air Act (CAA)
       The CAA regulates emissions of pollutants to ensure that air quality meets specified health and welfare
       standards. The CAA contains two provisions that may affect LFGTE projects: New Source Performance
       Standards (NSPS) and New Source Review (NSR). Facilities that are planning to construct a new LFGTE
       system or that plan to modify a landfill operation to incorporate a LFGTE system must obtain a Permit to
       Construct and Operate from the responsible air regulatory agency if emissions from the project are expect-
       ed to exceed the major facility emission thresholds. The Permit to Construct and Operate specifies the
       NSPS and NSR requirements that the project must meet. Once construction is complete, the facility must
       obtain an operating permit that meets the requirements defined in Title V of the 1990 CAA Amendments.
       The general requirements of NSPS, NSR, and Title Vfor LFGTE projects are discussed  below.

       Non-Methane Organic Compounds Emissions (NMOCs): New Source
       Performance Standards (NSPS)

           Importance  LFGTE projects can be part of a compliance strategy to meet EPA's new emissions
                         standards for landfill gas.

           Applicability Landfills meeting certain design capacity, age, and  emissions criteria are required to
                         collect landfill gas and either flare it or use it for energy.

           Description  EPA final regulations under Title I of the CAA Amendments require affected landfills to
                         collect and control landfill gas. Specifically, the  CAA targets reductions in the emis-
                         sions of NMOCs found  in landfill gas because they contribute  to local smog formation.
                         For landfills last modified on or before May 30,  1991,  and that  received waste after
                         November 8, 1987 ("existing landfills"), the standards are "Emissions Guidelines" (EG),
                         which has been incorporated as Georgia Rule (ggg)—"Municipal Solid Waste Landfills."

                         For landfills that began  construction or accepted waste for the first time on or
                         after May 30, 1991 ("new landfills"), the standards are "New Source Performance
                         Standards" (NSPS). The final  regulations can be found in the  Federal Register, March
                         12, 1996, Vol. 61, No. 49, pgs. 9907-9944,  or can  be obtained  from the National
                         Technical Information Service (NTIS) at (703) 487-4650. Ask for PB96-153465.

       The basic requirements to determine if controls for landfill gas are  necessary are  the same for both
       existing and new landfills. Landfills that exceed both of the following  criteria must comply with collection
       system requirements.

           • Capacity—Maximum design capacity greater than or equal to 2.5 million Mg1 (or 2.75 million tons)
             or 3.27 million yd3
           • Emissions—Annual NMOC emission rate is  greater than 50 metric tons.

       Air Emissions: New Source Review (NSR) Permitting Process
           Importance  New LFGTE projects may be required to obtain p re-const ruction permits under New
                         Source Review (NSR). Depending on the area in which the project is located, obtain-
                         ing these permits may be the most critical aspect of project approval.

           Applicability The combustion of landfill gas results in emissions of carbon monoxide and oxides
                         of nitrogen. Requirements vary for control of these emissions depending on local air
                         quality. The relevant standards for a particular area will be discussed in Section 2,

       "'landfills with less than  2.5 million Mg are required to file a design capacity report.

2      Landfill Gas Projects in Georgia

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                   State Standards and Permits. Applicability of these standards to LFGTE projects will
                   depend on the level of emissions resulting from the technology used in the project
                   and the project's location (i.e., attainment or non-attainment area).

    Description   CAA regulations require new stationary sources and modifications to existing
                   sources of certain air emissions to  undergo NSR before they can operate. The pur-
                   pose of these regulations is to ensure that sources meet the applicable air quality
                   standards for the area in which they are located.  Because these regulations are com-
                   plex, a landfill owner or operator may want to consult an attorney or expert familiar
                   with NSR for more information about permit requirements in a  particular area. Air
                   permitting requirements should also  be discussed with the Air  Protection Branch of
                   Georgia's Environmental Protection Division.

The existing CAA regulations for attainment and maintenance of ambient air quality standards regulate
six criteria pollutants—ozone, nitrogen dioxide (NC^), carbon monoxide  (CO), particulate matter (PM-2.5 and
PM-10), sulfur dioxide (802), and lead. The CAA authorizes the EPA to  set both health- and public welfare-
based national ambient air quality standards (NAAQS) for each criteria pollutant. Areas that meet the
NAAQS for a particular air pollutant are classified as being  in "attainment" for that pollutant and those that
do not are in "non-attainment." Because each state is required to develop an air quality implementation plan
(called a State Implementation  Plan or SIP) to attain and  maintain  compliance with the NAAQS in each Air
Quality Control Region within the state, specific permit requirements will vary by state. Currently, Atlanta is
the only "non-attainment" area  in Georgia for ozone. (See 40 CFR 51.160-51.166 for more information.)

The location of the LFGTE project will dictate which kinds of construction and operating permits are
required. If the landfill is located in an area that is in attainment for a particular pollutant, the LFGTE
project must undergo Prevention of Significant Deterioration  permitting if emission levels exceed major
source thresholds. Nonattainment area permitting is required for those landfills that are located  in areas
that do not meet the NAAQS for a particular air pollutant. Furthermore, the level of  emissions from the
project determines whether the project must undergo major NSR or minor NSR. The requirements of
major NSR permitting are greater than those for minor  NSR. The following section provides more detail
on new source permits.

Prevention of Significant Deterioration Permitting
Prevention  of Significant Deterioration (PSD) review is used in attainment areas to determine whether a
new or modified  emissions source will cause significant deterioration  of local air quality. Georgia's Air
Protection Branch can  assist landfill gas project developers in determining whether a proposed LFGTE
project requires PSD approval.

All areas  are governed to some extent by  PSD regulations because no location is in attainment for all
criteria pollutants. Applicants must determine PSD applicability for  each individual pollutant. For gas-fired
sources,  PSD major NSR is required if the new source  will emit  or has the potential to emit any criteria
pollutant  at a level greater than 250 tons per year.

For each  pollutant for which the source is considered major, the PSD major NSR permitting process
requires that the  applicants determine the maximum  degree of reduction achievable through the applica-
tion of available control technologies. Specifically, major sources may have to undergo any or all of the
following  four PSD steps:

    • Best Available Control Technology (BACT)  analysis

    • Monitoring of local air quality
                              A Primer on Developing Georgia's Landfill Gas-to-Energy Potential

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    • Source impact analysis/modeling

    • Additional impact analysis/modeling (i.e., impact on vegetation, visibility, and Class I areas)2

Minor sources and minor modifications (i.e.,  below 250 tons per year) are exempt from this process, but
these sources may still  be required to obtain construction and operating air permits (see CFR. 40 CFR
52.21  for more information on PSD).

Nonattainment Air Permitting
An area that does not meet the NAAQS for one or more of the six criteria pollutants is classified as being
in "nonattainment" for that pollutant. Ozone is the most pervasive nonattainment pollutant, and the one
most likely to affect LFGTE projects.  (The Atlanta metro-area is a nonattainment area for ozone.) A pro-
posed new emissions source or modification of an existing source located in a nonattainment area must
undergo nonattainment major NSR if the new source or the modification is classified as major (i.e., if the
new or modified source exceeds specified emissions thresholds). To obtain a nonattainment NSR permit
for criteria pollutants, the  project:

    • Must use technology that achieves the Lowest Achievable Emissions Rate (LAER) for the
      nonattainment pollutant

    • Must arrange for an emissions reduction at  an existing source that offsets the emissions from
      the new project at specific ratios

Potential Exemptions
EPA recently furnished  a guidance document to state and regional permitting authorities that provides an
exemption from major NSR permitting  requirements for landfill projects that qualify as "pollution control
projects." An existing landfill that plans to install a  LFGTE recovery project may qualify as a pollution
control project as long as it reduces  non-methane organic compounds (NMOC) at the site. Under the
guidance, the permitting authority may exempt the project from major NSR, provided it meets all other
requirements under the CAA and the state, including minor source requirements. In nonattainment areas,
offsets will still be required, but need not exceed a 1:1 ratio. States have discretion to exercise the
increased flexibility allowed by the  guidance  on a case-by-case basis.

Title  V Operating Permit

    Importance   Many LFGTE projects must obtain operating permits that satisfy Title V of the  1990
                   CAA Amendments.

    Applicability  Any LFGTE plant that is  a major source, as defined by the Title V regulation (40 CFR
                   Part 70), must obtain an operating permit.

    Description   Title V of the CAA requires that all major sources obtain new federally enforceable
                   operating permits.  Title V is modeled after a similar program established under the
                   National Pollution Discharge Elimination System (NPDES). The purpose of Title V is
                   to clarify, in a single document, all the air requirements applicable to a facility.  Each
                   major source subject to  Title V must submit an application for an operating  permit to
                   Georgia's Air Protection  Branch describing and quantifying all air pollution sources.
                   The operating permit describes the emission limits and operating conditions that a
                   facility must satisfy, and  specifies the reporting requirements that a facility must meet
                   to show compliance with the air pollution regulations. A Title V operating permit
                   must be renewed every 5 years.
2Class I areas are specified under the Clean Air Act and include national parks. Projects situated within a certain
distance from Class I areas are subject to more stringent criteria for emissions levels.

Landfill Gas Projects in  Georgia

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1.3    National Pollutant  Discharge Elimination System (NPDES) Permit
           Importance   LFGTE projects may need to obtain  National Pollutant Discharge Elimination System
                         (NPDES) permits for discharging wastewater that is generated during the energy
                         recovery process.

           Applicability Landfill gas condensate forms when  water and other vapors condense out of the gas
                         stream due to temperature and pressure changes within the collection system. This
                         wastewater must be removed from the collection system. In addition, LFGTE projects
                         may generate wastewater from system maintenance and cooling tower blowdown.

           Description   NPDES permits regulate discharges  of pollutants to surface waters. The authority to
                         issue these permits is delegated to state governments by EPA. The permits, which
                         typically last 5 years, limit the  quantity and concentration of pollutants that may be
                         discharged. To ensure compliance with the limits, permits require wastewater treat-
                         ment or impose other operation conditions. The state water offices or EPA regional
                         office can provide further information on these permits.

       The permits are required for three categories of sources  and can be issued as  individual or general
       permits. A LFGTE project would  be included in the "wastewater discharges to surface water from
       industrial facilities" category and would require an individual permit. An individual permit application
       for wastewater discharges typically requires information on water supply volumes; water utilization;
       wastewater flow; characteristics and disposal methods; planned improvements; storm water treatment;
       plant operation; materials and chemicals used; production; and other relevant information.
1.4    Clean Water Act, Section 401
           Importance   LFGTE projects may need Clean Water Act (CWA) Section 401 certification for
                         constructing pipelines that cross streams or wetlands.
           Applicability Landfill gas recovery collection pipes or distribution pipes from the landfill to a near-
                         by gas user may cross streams or wetlands. When  construction or operation of such
                         pipes causes any discharge of dredge into streams or wetlands, the project may
                         require Section 401 certification.
           Description   If the construction or operation of facilities results in any discharge into streams or
                         wetlands, such construction is regulated under Section 401. This requirement may
                         affect the construction  of LFGTE project facilities or pipelines to transport landfill gas.
       The applicant must obtain a water quality certification from the State in which the discharge will
       originate. The certification should then be sent to the U.S. Army Corps  of Engineers. The certification
       indicates that such discharge will comply with the applicable provisions of Sections 301, 302, 303, 306,
       and 307 of the CWA.
                                    A Primer on Developing Georgia's Landfill Gas-to-Energy Potential

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1.5    Other Federal Permit Programs
       The following are brief descriptions of how ofher federal permifs could apply fo LFGTE project developmenf:

           • RCRA Subfifle C could apply fo a landfill gas project if it produces hazardous waste. While some
             landfill gas projects can return condensate to the landfill, many dispose of it through the public
             sewage system after some form of on-site treatment. In some cases, the condensate may contain
             high enough concentrations of heavy metals and organic chemicals for it to be classified as a haz-
             ardous waste, thus triggering federal  regulation.

           • The Historic Preservation Act of 1966 or the Endangered Species Act could apply if power lines or
             gas pipelines associated with a project infringe upon an historic site or an area that provides habi-
             tat for endangered species.
       Landfill Gas Projects in Georgia

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B     s*a*e Standards  and Permits
         This section provides summarized information on permits required by the state of Georgia for the devel-
         opment of a LFGTE project.3 Information provided on each permit includes: how the permit is applicable
         to LFGTE projects; the appropriate agency contact; a description of the permit; the statute/regulation;
         information required and suggestions for a successful application; the application and review process;
         the review/approval period; and any fees required. For an overview of required permits, contact  informa-
         tion, and length of the review period, see Tables 2.1 and 2.2.

         Air-Related Issues: For Title V purposes, landfills that are contiguous or adjacent can be considered
         one site. Or, a landfill that is owned and operated by one party, while the control system is owned or
         operated  by a second party, can be considered under common control and  one site. Although these
         facilities are considered one site for purposes of Title V permitting, the state of Georgia allows for
         separate Title V applications from each facility. If you  believe that your facility and a neighboring facility
         can be considered one site, please contact the Air Protection Branch for a Site Determination. The
         Title V and SIP Construction/Operation applications are available from the Air Protection Branch by
         calling (404) 363-7000.

         The Air Protection Branch does not charge a processing fee  for any of the required applications.
         However, the Air Protection Branch does have an emission-based fee program. This Air Permit Fee
         Program meets the requirements of 40 CFR Part 70. Actual fees are based on emissions, and fees are
         currently charged at $25 per ton of emission. For more information on this program, please acquire
         Georgia's document "Procedures for Calculating Air Permit Fees." This document can be obtained by
         calling (404) 363-7000.
         3The permits contained in this handbook were suggested by state permitting agencies.


                                     A Primer on Developing Georgia's Landfill Gas-to-Energy Potential

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Table 2.1
Summary Table of State Standards/Permits
Standard
Air







Permit
Permit to Construct/
Operate Title V
(Part 70)





Agency/Contact
Environmental Protection Division (EPD)
Georgia Air Protection Branch
Stationary Source Permitting Program
Jim Burt
Atlanta Tradeport, Suite 120
4244 International Parkway
Atlanta, Georgia 30354
(404) 363-7000
Review Period
90+ days for a
minor source
180+ days for a
major source or
major modification



Waste
(Hazardous/Solid)
       Solid Waste Handling
       Permit
EPD
Land Protection Branch
Solid Waste Management Program
Barbara Howard, P.E.
Atlanta Tradeport, Suite 104
4244 International Parkway
Atlanta, Georgia 30354
(404) 362-2572
90 days
                      Notification of
                      Hazardous Waste
                      Activity, Generators,
                      Transporters, and
                      Facilities
                             EPD
                             Hazardous Waste Mgmt. Branch
                             Corrective Action Program
                             Shelly Stroud
                             205 Butler Street, S.E.
                             Suite 1154
                             Atlanta, Georgia 30334
                             (404) 656-7802
                                      4 to 6 weeks
Water
       Groundwater
       Discharge Permit
Not permitted in the state of Georgia
Not applicable
                     Surface Water
                     Discharge Permit
                             EPD
                             Water Protection Branch
                             Permitting, Compliance and
                             Enforcement Program
                             Mike Creason
                             Atlanta Tradeport, Suite 110
                             4244 International Parkway
                             Atlanta, Georgia 30354
                             (404) 362-2680
                                      3 to 6 months
                     Pretreatment
                     Discharge Permit
                             Local municipality
                                      Depends on the per-
                                      mitting municipality
       Landfill Gas Projects in Georgia

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Table 2.2
Permit Approval Time-line
                              Air
             Construction/Operation
                           * Title V

                           Waste
                       Solid Waste
                      ** Hazardous

                           Water
                           Surface
                   ***Pretreatment
                                  024
                                  Months
                                                8      10    12     14
                                   Notes
                                   Solid black line denotes the minimum review/approval
                                   period (where applicable); gray line denotes the maximum.

                                 * There is not a standard review time for this permit.
                                * * Review time for hazardous waste is 4-6 weeks.
                               ' * * Depends on the permitting municipality.
                                  A Primer on Developing Georgia's Landfill Gas-to-Energy Potential

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Table 2.3
       Summary of Landfill Gas Systems Criteria
Type of Project
                 Specific Criteria
Landfill Gas
Collection System
                  Introduction
                  Extraction and control systems for landfill gas can be categorized according to:

                      • Function (active, passive, or structure protection)

                      • Location (perimeter or interior)

                      • Technique used (air injection, barrier trench, vacuum assisted, etc.)

                  Applications used in LFGTE projects emphasize the use of active extraction systems
                  applied to interior systems with the use of vacuum to actively extract landfill gas.
                  In general, this choice of application grants an effective operation of the landfill gas
                  extraction system that can minimize or eliminate problems such as gas migration
                  and subsurface fires.

                  General Guidelines
                  LFGTE will be reviewed on a case-by-case basis  by the state's Solid Waste Management
                  Program. However, some general guidance documents regarding the design will be
                  provided. Unless otherwise approved by the Solid Waste Management Program all  gas
                  recovery systems must at least include the following design features:

                      1.   At a minimum, the collection system is  to include:

                         A.  Gas extraction devices or wellheads and each should have a sampling
                            port with temperature, gauge pressure, and nitrogen or oxygen concen-
                            tration measuring capabilities and/or devices.

                         B.  Leachate and Condensate Management with:

                            1.  Accessibility

                            2.  Air Intrusion Control

                            3.  Corrosion Resistance

                            4.  Resistance to waste heat of decomposition

                         C.  Extraction devices cannot be located  in asbestos and other non-
                            degradable material.

                         D.  Collection System Materials of Construction

                            1.  PVC

                            2.  HOPE

                            3.  Fiberglass

                            4.  Stainless Steel and other nonporous corrosion  resistant materials that
                                meet required engineering design criteria.
10
Landfill Gas Projects in Georgia

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Type of Project
Specific Criteria
Landfill Gas
Collection System,
continued
        E.  Connector assembly for header pipes and system components is to
           include:

           1.   Positive closing throttle valve

           2.   Necessary seals and couplings

           3.   Access couplings

    2.   Maintenance of the collection system is to include monitoring of the following
        landfill gas parameters:

           1.   Gauge pressure at header pipes

           2.   Nitrogen or oxygen concentration

           3.   Temperature

    3.   A surface emissions monitoring plan of both the active and closed waste lifts
        and side slopes.

A site design and operational plan minor modification for the collection  system
design and construction is to be submitted to the Solid  Waste Management Program
for review and approval. Along with the gas collection plan modification, applicable
modifications to landfill design, operation and closure/post closure care plans  should
be submitted to the Solid  Waste Management Program  for review and approval.
Modifications are required to address site plan revisions due to the addition of the
collection and flare or combustion unit, specifically:

    1.   Location of the flare and/or combustion unit(s).

    2.   Settlement due to the addition  of the methane collection and (if applicable)
        combustion system.

    3.   Records of maintenance and monitoring of the  landfill as prescribed by the
        NSPS regulations and the Solid Waste Management Rules for a minimum of
        five years.
The remainder of Section 2 contains information about each of the permits required by Georgia for project
development. The information is organized in tables and each table contains the following information about
the subject permit:
      Applicability to Landfill Gas Projects

      Agency Contact

      Description

      Statute/Regulation

      Information Required/Suggestions
                               Application Process

                               Review Process

                               Review/Approval Period

                               Fee
                                     A Primer on Developing Georgia's Landfill Gas-to-Energy Potential
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Table 2.4
       Air Quality Construction and Operation Permits
Applicability to
Landfill Gas Projects
                 All equipment collecting and treating landfill gas, (which typically includes open and
                 enclosed flares, internal combustion engines,  boilers and fuel storage tanks) are
                 subject to state air regulations.
Agency Contact
                  Environmental Protection Division (EPD)
                  Air Protection Branch
                  Stationary Source Permitting Program

                  Jim Burt
                  Atlanta Tradeport, Suite 120
                  4244  International Parkway
                  Atlanta, Georgia 30354
                  (404) 363-7000
Description
                  Construction and Operation  Permits may be required for landfill gas collection and
                  treatment projects. Pre-Approval: Before an air pollution source is constructed or
                  modified, a permit must be obtained from the Air Protection Branch. Post-Approval:
                  Periodic emissions tests and/or reports may be required for some sources, depend-
                  ing on the nature of the operation and its emissions. The EPD will issue a state per-
                  mit to operate when satisfied that the company operations will comply with all
                  applicable air quality requirements.
Statute/Regulation
    Federal
    State
                  The Clean Air Act, Section 110 and Title V, 42 U.S.C. 7401 et seq.

                  Part I of Chapter 9 of Title 12 of the O.C.G.A. Section 12-9-1, et seq.
Information
Required/Suggestions
                 A description of the landfill gas collection system, expected landfill gas production
                 rates and estimated pollution emissions over the life of the project, and air pollution
                 control equipment.
12
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Application Process      The air pollution emission rates showing compliance with the applicable regulation
                         are to be submitted on state air permit application forms along with the associated
                         drawings and descriptions.


Review Process          The EPD will perform a technical review of the application and determine if the
                         project will be in compliance with all applicable regulations. The EPD will notify the
                         applicant of any deficiencies. The EPD will prepare tentative determinations and
                         make the draft permit available for review. A notice will  be prepared for publication
                         in the local newspaper.
Review/Approval          90+ days. Time may vary depending on complexity and completeness of the permit
Period                    application. The range reflects the completeness of the initial application, the com-
                          plexity of the installation and the need for information, etc.
Fees                      No standard application fee. Consult Georgia "Procedures for Calculating Air Permit
                          Fees" for emission-related fees.
                                     A Primer on Developing Georgia's Landfill Gas-to-Energy Potential      13

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Table 2.5
       Title V (Part 70) Operating Permits
Applicability to
Landfill Gas Projects
                 Companies subject to Title V include the following:

                     A.  Facilities subject to acid rain requirements under Title IV of the Clean Air Act

                     B.  Facilities (major sources) with a  potential to emit:

                         • 100 tons per year or more of any regulated pollutant

                         • 50 tons per year of VOC or NOx in the Non-Attainment Area

                         • 10 tons per year or more  of a  single hazardous air pollutant (HAP)

                         • 25 tons per year of any combination of HAPs

                     C.  Facilities subject to CAA § 111 (New Source Performance Standards) or § 112
                         (HAPs). At this time, facilities that do not  fall  under the major source definition
                         listed above under these categories are deferred from Part 70 requirements.
Agency Contact
                  EPD
                  Air Protection Branch
                  Stationary Source Permitting and Compliance Programs

                  Jim Burt and James Eason
                  Atlanta Tradeport, Suite 120
                  4244 International Parkway
                  Atlanta, Georgia 30354
                  (404) 363-7000
Description
                  Title V of the Clean Air Act of 1990 (CAA) introduced an operating permit program,
                  the purpose of which is to clarify, in a single document, all the air requirements
                  applicable to a company. As specified before, companies subject to Title V must sub-
                  mit a complete application for a federally-enforceable operating  permit to the state
                  according to a schedule specified by the EPD.
Statute/Regulation
    Federal
    State
                  The Clean Air Act, Title V (42 USC §§ 7401  et seq.): 40 CFR Part 70

                  Part  of Chapter 9 of Title 12 of the O.C.G.A. Section 12-9-1, et seq.
Information
Required/Suggestions
                  Facilities subject to Part 70 requirements must describe and quantify pollution
                  sources and identify all federally-enforceable requirements. A Part 70 permit must be
                  renewed every 5 years.
14
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Application Process       The facility submits an application to the EPD that describes and quantifies pollution
                          sources and identifies federally enforceable requirements.


Review Process           Within 60 days of receipt of an application, the EPD makes a completeness determi-
                          nation. Once a facility's application is deemed administratively complete, the EPD per-
                          forms a technical review and issues a draft permit. EPA and neighboring states will
                          have the opportunity to review draft permits. EPA also has the authority to object to a
                          Title V permit. In addition, a citizen may also petition EPA to make an objection.
Review/Approval          There is no data on permit processing times because Part 70 is a new program.
Period

Fees                      No standard application fee. Consult Georgia "Procedures for Calculating Air Permit
                          Fees" for emission-related fees.
                                     A Primer on Developing Georgia's Landfill Gas-to-Energy Potential     15

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Table 2.6
       Solid Waste Handling Permits
Applicability to
Landfill Gas Projects
                 LFGTE projects are considered a minor modification to the solid waste disposal per-
                 mit for landfills.
Agency Contact
                 EPD
                 Land Protection Branch
                 Solid Waste Management Program

                 Barbara Howard, P.E.
                 Atlanta Tradeport, Suite 104
                 4244 International Parkway
                 Atlanta, Georgia 30354
                 (404) 362-2572
Description
                 State solid waste rules are implemented by the Solid Waste Management Program of
                 EPD. In order to add or change the landfill gas systems at an existing landfill, owners
                 or operators are required to obtain state approval of a minor modification to the exist-
                 ing landfill solid waste  handling permit.
Statute/Regulation
    Federal

    State
                 Resource Conservation and Recovery Act (RCRA) Subtitle D and 40 CFR Parts 257
                 and 258.

                 Rules of Georgia, Department of Natural Resources, EPD, Chapter 391-3-4, Solid
                 Waste Management.
Information
Required/Suggestions
                 A description and justification of design and operational plans, drawings showing
                 systems and components, construction quality assurance programs, and verification
                 of compliance with other regulatory entities.
Application Process
                 The appropriate state application forms for a minor modification are to be submitted
                 along with the appropriate design and operational plans showing the modifications.
Review Process
                 The EPD conducts technical reviews. The applicant is notified of any deficiencies.
                 Approval is issued after deficiencies have been addressed.
Review/Approval
Period
                 Up to 90 days
Fees
                 None
16
Landfill Gas Projects in Georgia

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 Table 2.7
Notification of Hazardous Waste Activity,  Generators, Transporters
and Facilities
Applicability to           The development of an landfill gas project may result in the generation, treatment,
Landfill Gas Projects      storage, and transport of a hazardous waste.
Agency Contact          EPD
                         Hazardous Waste Management Branch
                         Corrective Action Program

                         Shelly Stroud
                         205 Butler Street. S.E.
                         Suite 1154
                         Atlanta, Georgia 30334
                         (404) 656-7802
Description
          Generators, transporters, and facilities that treat, store, and dispose of hazardous
          waste must notify the Georgia EPD/Hazardous Waste Management Branch by sub-
          mitting EPA Form 8700-12 (Notification of Regulated Waste Activity). This form pro-
          vides information to EPD as to the hazardous waste activities to be conducted at the
          facility. A facility that indicates that it intends to treat, store, or dispose of a hazardous
          waste will be required to submit a permit application. The regulatory  requirements for
          the permit application process are found in 40 CFR Part 270.10 or Chapter 391-3-11-
          .11  of the Georgia Rules for the Management of Hazardous Waste.
Statute/Regulation
    Federal

    State
          Resource Conservation and Recovery Act (RCRA) Subtitle C and 40 CFR
          Parts 262.12, 263.11 and 264.11

          Georgia Rules for the Management of Hazardous Waste, Chapter 391-3-11-.04
Application Process
          The appropriate 8700-12 forms are submitted to the EPD.
Review Process
          The Notification of Regulated Hazardous Waste Activity form is reviewed, processed
          and a permanent EPA Identification Number is assigned to the facility. The informa-
          tion from the form is recorded in the Resource Conservation and Recovery
          Information System.
Review/Approval
Period
          4-6 weeks
Fees
          None
                                    A Primer on Developing Georgia's Landfill Gas-to-Energy Potential     17

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 Table 2.8
       Surface Water Discharge Permit
Applicability to
Landfill Gas Projects
                 Landfill gas projects may need to comply with this requirement if they discharge
                 wastewater to the surface waters of the state.
Agency Contact
                 EPD
                 Water Protection Branch
                 Permitting, Compliance and Enforcement Program

                 Mike Creason
                 Atlanta Tradeport, Suite 110
                 4244 International Parkway
                 Atlanta, Georgia 30354
                 (404) 362-2680
Description
                 The surface water discharge permit combines the requirements of the state dis-
                 charge permit program and the National Pollutant Discharge Elimination System
                 (NPDES) into one permit for industrial facilities that discharge to state surface waters.
                 The permit is designed to meet federal effluent guidelines when applicable and also
                 ensure the discharge satisfies state water quality standards. All  facilities that dis-
                 charge wastewater directly to surface waters need this permit.
Statute/Regulation
    Federal
                 Federal Clean Water Act
    State
                 Georgia Water Quality Control Act
Information
Required/Suggestions
                 NPDES application forms 1 and 2 C
Application Process
                 The permit application forms must be completed in full prior to submittal to the EPD.
Review Process
                 The EPD will review the application, develop permit limits, and provide an opportunity
                 for public participation by publishing notice of the application. The EPD develops per-
                 mit limits and publishes a notice of tentative determination and conducts a public
                 hearing if requested. The EPD issues the permit if the final determination is not con-
                 tested. If contested, administrative procedures for the appeal process are followed.
Review/Approval
Period
                 3 to 6 months
Fees
                 None
 18
Landfill Gas Projects in Georgia

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Table 2.9
Pretreatment Discharge Permit
Applicability to
Landfill Gas Projects
          Landfill gas projects may need to comply with this requirement if they discharge
          wastewater to a sanitary sewer.
Agency Contact
          Local municipality
Description
          A locally issued pretreatment permit is usually required for those facilities that seek to
          discharge to municipal wastewater treatment systems. For some of the smaller munic-
          ipal systems, the pretreatment permits are issued by the EPD.
Statute/Regulation
    Federal
    State
    Local
          40 CFR 403 (for significant industrial users)

          Georgia Water Quality Control Act

          Local ordinance is applicable to all users.
Application Process
          Pretreatment permits are usually issued by local municipalities. The state and federal
          requirements become applicable only when a facility is defined as a significant indus-
          trial user by 40 CFR 403.
Review Process
          The review is usually performed at the local level.
Review/Approval
Period
          Depends on the permitting municipality.
Fees
          Depends on the permitting municipality.
                                    A Primer on Developing Georgia's Landfill Gas-to-Energy Potential     19

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       Overview of Local Standards and Permits
       Within the framework of federal and state regulation, local governments will have some jurisdiction over
       LFGTE development in  nearly all cases. Typically, local permits address issues that affect the surrounding
       community. These permits generally fall under the categories of construction, environment and health,
       land use, and water quality/use.  Local governments are also  responsible for administering some permits
       for federal and state regulations  in addition to their own. For  example, many local governments are
       responsible for ensuring compliance with federal air quality regulations. It should be noted, however, that
       some local standards and regulations are more strict than state or federal regulations.

       Steps to Successful  Local Permit Approval:
       The following six steps  will assist LFGTE project developers to achieve successful local permit approval:

           Step 1     Determine which local authorities have jurisdiction over the project site.

           Step 2    Contact local, city, and/or county planning and public works departments to obtain infor-
                      mation  about applicable permits and to discuss your plans. Meeting with agency staff to
                      discuss the landfill gas project and required  permits often helps expedite the permitting
                      process.

           Step 3    Obtain  essential information  regarding each  permit, including:

                      • what information  is required

                      • the permitting process that should be followed

                      • time  frames (including submittal, hearing,  and decision dates)

           Step 4    Obtain  copies of the regulations to compare and verify what is required in the permit
                      applications. If they differ, contact the appropriate permitting agency.

           Step 5    Submit a complete application.  Incomplete applications typically result in processing
                      delays.

           Step 6    Attend  meetings or hearings where the application will be discussed to respond  to any
                      questions that are raised. Failure to do so could result in delays.

       Typical Local Permits
       The table on the following page  provides typical local permits and approvals required for LFGTE  projects.
20     Landfill Gas Projects in Georgia

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Table 3.1
Local Permits and Standards
Permit
          Description
Building Permit
          Most county/local governments require building permits for construction, which entail
          compliance with several types of building codes, such as plumbing and electrical. A
          typical building permit application may require detailed final plans for structures,
          including electrical and plumbing plans, floor layout, sewage facilities, a storm water
          drainage plan, size and shape of lot and buildings, setback of buildings from proper-
          ty lines and drain field, access, size and shape of foundation walls, air vents, window
          access, and heating or cooling plants (if included in the design).
Zoning/Land Use
          Most communities have a zoning and land use plan that identifies where different
          types of development are allowed (i.e., residential, commercial, and industrial). The
          local zoning board determines whether a particular project meets local land use
          criteria and can grant variances if conditions warrant. A landfill gas project may
          require an industrial zoning classification.
Storm Water
Management
           Some local public works departments require a permit for discharges during con-
           struction and operation of a LFGTE project. Good facility design that  maintains the
           pre-development  runoff characteristics of the site will typically enable  the project to
           meet permitting requirements easily.
Solid Waste Disposal
          A LFGTE project may generate solid wastes, such as packaging material, cleaning
          solvents, and equipment fluids. If the landfill is closed, disposal of these solid wastes
          may be subject to review by a local authority.
Wastewater
           The primary types of wastewater likely to be generated by a LFGTE project include
           maintenance wastewater and cooling tower blowdown. The city engineer's office
           should be contacted to provide information about available wastewater handling
           capacity and any unique condensate treatment requirements or permits for landfills.
Fire Hazards
and Precautions
          The mix of gases in landfill gas has a moderate to high explosion potential; methane is
          explosive in concentrations of 5 to 15 percent in air. Because methane has the poten-
          tial to migrate from the landfill to on-site or off-site structures, it poses a significant pub-
          lic safety hazard. EPA requires that methane concentrations be less than 5 percent at
          a landfill property line, and less than 1.5 percent in a facility's structures. County regu-
          lations may call for even stricter standards to be observed at the  landfill.
Noise
           Most local zoning ordinances stipulate the maximum allowable decibel levels from
           noise sources. These levels vary depending on the location of the site. For example,
           LFGTE projects located near residential areas will likely have to comply with stricter
           noise level standards than projects located in non-populated areas.
                                     A Primer on Developing Georgia's Landfill Gas-to-Energy Potential
                                                                                      21

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 Part  2: Incentive  Programs
Q    Overview of Federal Incentive Programs
        There are three federal incentive programs that may apply to LFGTE projects: the Section 29 Tax Credit,
        the Renewable Energy Production Incentive (REPI), and the Qualifying Facilities (QF) Certification. Each
        program is described below.
 1.1    Section 29 Tax Credit
        Developers of LFGTE projects who sell landfill gas to an unrelated third party may qualify for a tax credit
        under Section 29 of the Internal Revenue Service (IRS) tax code. As a result of this stipulation, project
        developers may bring in an outside party when developing power projects in order to take advantage of
        the credits. Section 29 Tax Credit was established in 1979 to encourage development of unconventional
        gas resources, such as landfill gas. Section 29 tax credits are available through 2007 to landfill gas
        projects that  have a gas sales agreement in place by December 31, 1996 and are placed in service by
        June 30, 1998. The credit has been extended several times by the U.S. Congress, but there is no guaran-
        tee that these extensions will continue. The credit is worth $3.00 per barrel of oil-equivalent (on a MMBtu
        basis) and is  adjusted annually for inflation.
 1.2   Renewable Energy Production Incentive (REPI)
        The Renewable Energy Production Incentive (REPI), mandated under the Energy Policy Act of 1992, may
        provide a cash subsidy of up to $0.15 per kWh to publicly owned qualified renewable energy sources,
        such as landfills, for the period October 1993 through September 2003.4 The Department of Energy
        (DOE) will make incentive payments for 10 fiscal years, beginning with the fiscal year in which application
        for payment for electricity generated by the facility is first made and the facility is determined by DOE to
        be eligible for receipt of an incentive payment. The period for payment under this program ends in fiscal
        year 2013.

        For further information, contact:
              U.S. Department of Energy
              National Renewable Energy Laboratory
              Golden Field Office
              Golden, Colorado 80403
              Phone: (303) 275-4706
U.S. Department of Energy
Efficiency and Renewable Energy
Forrestal Building, Mail Station EE-10
1000 Independence Avel, S.W.
Washington, DC 20585
Phone: (202) 586-4564
        4Final Rule Making, 10 Federal Register Part 451, July 19, 1995, Vol. 60, No. 138.
                                    A Primer on Developing Georgia's Landfill Gas-to-Energy Potential
                                 23

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1.3    Qualifying  Facilities Certification
        LFGTE projects that generate electricity will benefit from Qualifying Facilities (QF) certification, which
        is granted through the Federal Energy Regulatory Commission (FERC). The following describes the
        benefits of QF status and the steps for applying for such status.

        The Public Utility Regulatory Policies Act (PURPA)—one of five parts of the National Energy Act of 1978—
        was designed to promote conservation of energy and energy security  by removing barriers to the devel-
        opment of cogeneration facilities and facilities that employ waste or renewable fuels. Such facilities are
        called Qualifying Facilities, or QFs. Under PURPA, utilities are required to purchase electricity from QFs
        at each utility's avoided cost of generating power. PURPA provides that a small power production facility,
        such as a LFGTE project that meets its standards, can become a QF.

        In order to apply for QF status, applicants must prepare either (1) a Notice of Self-Certification, which
        asserts compliance with the Commissions' technical and ownership criteria, or (2) an Application for
        Commission Certification of Qualifying Status, which requires a draft Federal Register notice and which
        provides actual Commission approval of  QF status. In either case, the applicant must also file Form 565,
        which is a list of questions about the project, and  must pay any filing fees associated with certifications,
        exemptions, and other activities. FERC will provide the QF "Info Packet" that describes the necessary
        steps, requirements, and background information. After submittal of the initial application, further justifi-
        cations and submittal of information may be required.

        For the QF Info Packet and applications, contact:

              Federal Energy Regulatory Commission
              Qualifying Facilities Division
              825 North Capital Street, N.E.
              Washington, DC 20426
              Phone: (202) 208-0571
24     Landfill Gas Projects in Georgia

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JIJ    Overview of State Funding Programs
        This section provides information regarding the environmental infrastructure financing opportunities avail-
        able through the Georgia Environmental Facilities Authority (GEFA). GEFA is a state agency that, among
        other responsibilities, makes state-backed low interest loans to cities, counties, and solid waste manage-
        ment authorities for water, sewer and solid waste projects. The following summarizes GEFA's loan and
        grant programs for solid waste management  infrastructure improvement projects, which could include
        landfill gas projects.
 2.1    Recycling and Solid Waste Facilities Loan Program
        GEFA's municipal solid waste loan program finances solid waste management solutions, particularly facili-
        ties that help to minimize the waste stream or to mitigate environmental hazards. The maximum loan
        amount is up to $2 million; the  maximum term is up to 20 years. The current interest rate is 4.76%.
        Applications are accepted at anytime. Landfill gas projects can be financed under this program. The
        Solid Waste Facilities Loan Program is limited to Georgia cities, counties and solid waste management
        authorities only. GEFA is not empowered under Georgia law to make loans or grants to  private or non-
        profit organizations. Partnerships with private sector developers and/or project operators may be permis-
        sible depending on specific project arrangements. GEFA is pleased to discuss specific project financing
        possibilities at anytime. There are no application fees or closing costs associated with the loan program.
        Please contact GEFA at (404) 656-0938 for more information.
 2.2   Recycling and Waste Reduction Grants
        Grants are available to help local governments build facilities and purchase equipment for recycling or
        waste reduction programs. The maximum grant amounts are: $10,000 per single jurisdiction, $25,000
        per multi-jurisdictional application. These grants are available until funds are exhausted. Funding cycles
        usually occur once per calendar year. Contact GEFA for the latest information on this program. Potential
        funding for landfill gas projects may be discussed with the program manager.
                                    A Primer on Developing Georgia's Landfill Gas-to-Energy Potential     25

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